Oregon-Wash. R. & N. Co. v. Reed
Oregon Supreme Court
From Multnomah: Henry E. McG-inn, Judge. Statement by Mr. Justice Moore. This suit was commenced July 17, 1915, by tbe Oregon-Washington Railroad & Navigation Company, a corporation, against Frank H. Reed to enjoin interference with a railway right of way and to quiet the title thereto.
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From Multnomah: Henry E. McG-inn, Judge. Statement by Mr. Justice Moore. This suit was commenced July 17, 1915, by tbe Oregon-Washington Railroad & Navigation Company, a corporation, against Frank H. Reed to enjoin interference with a railway right of way and to quiet the title thereto. The defendant on the 28th of that month filed an answer alleging inter alia that his wife, Minnie T. Reed, was the owner in fee of the real property over and across which extended that part of the right of way involved. Three days thereafter the plaintiff, by leave of court, filed an amended complaint making…
1Opinion of the CourtJustice Moore
1. It is contended by defendants’ counsel that an error was committed in denying their plea in abatement, interposed on the ground that a prior suit, instituted by Mrs. Need against the plaintiff herein, was pending. It will be remembered that this suit was commenced against Mr. Reed July 17, 1915, and that on the 31st of that month an amended complaint was filed making Mrs. Reed a party defendant. She instituted a suit against the Railroad Company as defendant July 28, 1915, or eleven days after this suit was begun, and as *403this is the prior suit and was pending when her suit was commenced,…
2Cases cited13 opinions
- Schmidt v. MesmerCalifornia Supreme Court · 1897
- Allen v. ElwertOregon Supreme Court · 1896
- Fleischner v. Citizens' Investment Co.Oregon Supreme Court · 1893
- Bishop v. BaisleyOregon Supreme Court · 1895
- West v. Washington Railway Co.Oregon Supreme Court · 1907
8 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Walker v. MACKEYOregon Supreme Court · 1952
- Powell v. SheetsOregon Supreme Court · 1952
- American Surety Co. v. HattremOregon Supreme Court · 1931
- Hill v. BiceIdaho Supreme Court · 1943
- Duke v. FranklinOregon Supreme Court · 1945
11 more not listed; retrieve them via the Exa API.